Professor Daphne Keller joins host Alan Chapell to discuss the implications of the EU Court of Justice decision in Russmedia - demonstrating that "breaking the Internet" is no longer solely the domain of pop stars like Taylor Swift. An expert in platform regulation and intermediary liability, Professor Keller explains how the CJEU's Russmedia decision poses significant challenges for companies operating in the digital media space in Europe.

Daphne Keller's bio may be found at https://law.stanford.edu/daphne-keller/. 

The Chapell regulatory outlook report may be found at https://chapellreport.substack.com/.

Takeaways

Chapters

00:00 Welcome and show premise

02:05 Daphne Keller and why Russmedia matters

04:00 Why intermediary liability shields exist

06:20 Distinction between Section 230 in the U.S. (absolute liability shield) and the EU notice and takedown regime under the e-commerce directive.

08:45 GDPRand right to be forgotten as background context.

11:00 Russmedia facts and Romanian state court path

13:45 Advocate General view processor vs controller

16:00 CJEU view as joint controllership is the lynchpin of the case.

23:30 Proactive checks and the general monitoring contradiction

34:40 What platforms can do now and the practical tradeoffs

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